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may be an opportunity for sending them away. If, however, such an opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserters shall be set at liberty, nor shall they be again arrested for the same cause.

"If the deserter has committed any misdemeanor, and the court having the right to take cognizance of the offence shall claim and exercise it, the delivery of the deserter shall be deferred until the decision of the court has been pronounced and executed."

ARTICLE XIII.—(Settlement of damages suffered at sea by vessels of either nation.)—"In the absence of an agreement to the contrary between the owners, freighters and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily, or are forced by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls and Consular Agents of the respective countries. If, however, any inhabitant of the country or citizen or subject. of a third power, shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide."

ARTICLE XIV.-(Shipwrecks-Salvage.)—Same as Article XI of the Convention with France, with the addition of the following clause:

"The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation."

ARTICLE XV. (Death of citizens of one nation in territory of the other.)" In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States, without having any known heirs or testamentary executor by him appointed, the competent local authorities shall give information of the circumstances to the Consuls or Consular Agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to parties interested.

"Consuls-General, Consuls, Vice-Consuls and Consular Agents shall have the right to appear, personally or by dele

gate, in all proceedings on behalf of the absent or minor heirs, or creditors, until they are duly represented."

ARTICLE XVI.-(Duration of Convention.)-Same as Article XIII. of the Convention with France, 1853.

WILLIAM MAXWELL EVARTS.

MAURICE DELFOSSE.1

1 The first separate consular treaty concluded by the United States was that with France, in 1788. (See Treaties with France.) The extensive consular powers claimed by France under that treaty formed one of the causes of the subsequent controversy with that country; and, together with the treaties of Commerce and Alliance of 1778, it was abrogated by Act of Congress, in 1798. No other separate consular convention was negotiated by the United States until 1850; but most, if not all of the treaties of Amity and Commerce contain an article providing for the appointment of consuls, and generally stipulating for the privileges of the most favored nation.

In the period since 1850. it will be seen that there are some differences in the two conventions given above in full, that with France in 1853, and that with Belgium in 1880. Other separate consular conventions

are as follows:

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NEW GRANADA, May 4, 1850.-This treaty is, in the main, similar to that with France. In Article V., The contracting Republics recognize no diplomatic character in consuls. for which reason they will not enjoy, in either country, the immunities granted to public agents accredited in that character.

"Whenever the presence of consuls may be required in courts or offices of justice, they shall be summoned in writing."

HANSEATIC REPUBLICS, April 30, 1852.-This is a convention of only three articles negotiated by Daniel Webster.

NETHERLANDS, January 22, 1855, with reference to the rights of American consuls in Dutch colonies.

May 23, 1878, a general Consular Convention was concluded with Netherlands, the 4th article of which is as follows:

"If the testimony of a consular officer, who is a citizen or subject of the State by which he is appointed, and who is not engaged in business, is needed before the courts of either country, he shall be invited in writing to appear in court, and, if unable to do so, his testimony shall be requested in writing, or be taken orally at his dwelling or office.

"To obtain the testimony of such consular officer before the courts of the country where he may exercise his functions, the interested party in civil cases, or the accused in criminal cases, shall apply to the competent judge, who shall invite the consular officer in the manner prescribed in § 1., to give his testimony.

"It shall be the duty of said consular officer to comply with this request, without any delay which can be avoided.

"Nothing in the foregoing part of this article, however, shall be construed to conflict with the provisions of the sixth article of the amendments to the Constitution of the United States, or with like provisions in the Constitution of the several States, whereby the right is secured to persons charged with crimes, to obtain witnesses in their favor, and to be confronted with the witnesses against them."

ITALY, February 8, 1868, superseded by the convention of May 8, 1878. The 4th article in each of these treaties is similar to the 4th article of the convention with the Netherlands of 1878 given above with reference to the testimony of consuls before the courts. And these later conventions are essentially the same as that with Belgium, given above in full. AUSTRIA-HUNGARY, July 11, 1870.

GERMAN EMPIRE, December 11, 1871.-This is the only treaty that the United States have concluded with this new State.

ROUMANIA, June 17, 1881.
SERVIA, October, 1881.

ZANZIBAR, July 3, 1886.

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Rights and Privileges of Consuls.-By the 8th article of the Consular Convention with France (1853), consuls are given the " exclusive charge of the internal order of the merchant vessels of their nation, and the local authorities shall not, on any pretext, interfere in these differences." This is giving a larger power to consuls than is generally granted by treaty. In most consular conventions, and in articles of general treaties with reference to consuls, an exception is made in the case of disorders on board merchant-vessels in foreign ports which disturb the public peace on shore or in port." To this effect is the 8th article of the general treaty with Russia (1832), the conventions with the German Empire (1871), with the Netherlands (1878), with Belgium (1880), and in other treaties. In the absence of treaty stipulations, consuls have not these powers. (See Snow's Cases and Opinions on International Law, pp. 121-138.)

The provision in the treaty with France (1853), exempting consuls from appearing as witnesses before courts of justice led to a controversy with that country, in the case of the French Consul Dillon. (Wharton's Digest, I. 665; Snow's Cases, p. 99.) The exemption granted by the treaty is in conflict with the 6th amendment of the constitution, which gives the accused, in criminal cases, the right of compulsory process to procure witnesses in his favor, and to be confronted by the witnesses against him. It will be seen that subsequent consular conventions make an exception in the case of criminal trials.

Consuls in Semi-civilized States.-In treaties with most Asiatic and African countries, United States Consuls are granted exclusive jurisdiction over disputes between citizens of the United States, and, in some cases, over offenses committed by citizens of the United States. These countries are: Borneo, China, Japan, Morocco, Madagascar, Muscat, Persia, Samoa, Tripoli, Tunis, and Turkey. (Wharton's Digest, I., §

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ARTICLE I.—“It is agreed that the high contracting parties shall, on requisitions made in their name, through the medium of their respective diplomatic agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found would justify his or her apprehension and commitment for trial, if the crime had been there committed."

ARTICLE II.-" Persons shall be so delivered up who shall be charged, according to the provisions of this convention, with any of the following crimes, to wit: Murder (comprehending the crimes designated in the French penal code by the terms, assassination, parricide, infanticide and poisoning), or with an attempt to commit murder, or with rape, or with forgery, or with arson, or with embezzlement by public officers, when the same is punishable with infamous punishment."

ARTICLE III.—"On the part of the French Government, the surrender shall be made only by authority of the Keeper of the Seals, Minister of Justice; and on the part of the Government of the United States, the surrender shall be made only by author ty of the Executive thereof."

ARTICLE IV. "The expenses of any detention and delivery effected in virtue of the preceding provisions shall be borne and defrayed by the government in whose name the requisition shall have been made."

ARTICLE V. "The provisions of the present convention shall not be applied in any manner to the crimes enumerated in the second article, committed anterior to the date thereof, nor to any crime or offence of a purely political character."

ARTICLE VI. "The treaty shall be in force until abrogated by the contracting parties, or one of them, on giving six months notice.

"Signed by,

"A. P. UPSHUR.

"A. PAGEOT. "1

PRUSSIA, 1852.

PRUSSIA AND OTHER STATES OF THE GERMAN CONFEDERATION,

1852.

Concluded June 16, 1852. Ratifications exchanged at Washington, May 30; 1953. Proclaimed June 1, 1853.

"Whereas it is found expedient, for the better administration of justice and the prevention of crime within the territories and jurisdiction of the parties respectively, that persons committing certain heinous crimes, being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, and also to enumerate such crimes explicitly; and whereas the laws and constitution of Prussia, and of the other German

1

1 By a convention of February 24, 1845, the crimes of robbery and burglary were added to the list of extraditable offenses; and by the convention of February 10, 1858, the following offenses were included: Forging or knowingly passing or putting in circulation counterfeit coin or bank notes or other paper current as money, with intent to de fraud any person or persons: embezzlement by any person or persons, hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment.

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